Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Rules and Regulations 22697 

TABLE THREE

Vessel Number 

Masthead 

lights arc of 

visibility; rule 

21(a) 

Side lights arc 

of visibility; rule 

21(b) 

Stern light arc 

of visibility; 

rule 21(c) 

Side lights distance inboard 

of ship’s sides 

in meters 3(b) 

annex 1 

Stern light, 

distance forward of stern 

in meters; rule 

21(c) 

Forward anchor light, 

height above 

hull in meters; 

2(K) annex 1 

Anchor lights 

relationship of 

aft light to forward light in 

meters 2(K) 

annex 1 

* * * * * * * 

USS MISSOURI ........................ SSN 780 . ...................... . ...................... 210.5° 4.37 11.05 2.8 0.30 below. 

* * * * * * * 

* * * * * 

Approved: April 21, 2010. 

M. Robb Hyde, 

Commander, JAGC, U.S. Navy, Deputy 

Assistant Judge Advocate, General, Admiralty 

and Maritime Law. 

[FR Doc. 2010–10169 Filed 4–29–10; 8:45 am] 

BILLING CODE 3810–FF–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–1110] 

RIN 1625–AA00 

Safety Zone; APBA National Tour, 

Parker, AZ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone 

within the Lake Moolvalya region of the 

navigable waters of the Colorado River 

in Parker, Arizona for the APBA 

National Tour. This temporary safety 

zone is necessary to provide for the 

safety of the participants, crew, 

spectators, participating vessels, and 

other vessels and users of the waterway. 

Persons and vessels are prohibited from 

entering into, transiting through, or 

anchoring within this safety zone unless 

authorized by the Captain of the Port or 

his designated representative. 

DATES: This rule is effective 6 a.m. on 

April 30, 2010 through 6 p.m. on 

May 2, 2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

1110 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2009–1110 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail Petty Officer Shane 

Jackson, Waterways Management, U.S. 

Coast Guard Sector San Diego, Coast 

Guard; telephone 619–278–7267, e-mail 

Shane.E.Jackson@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because 

immediate action is necessary to ensure 

the safety of vessels, spectators, 

participants, and others in the vicinity 

of the marine event on the dates and 

times this rule will be in effect and 

delay would be contrary to the public 

interest. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register because delaying the effective 

date would be contrary to the public 

interest, since immediate action is 

needed to ensure the public’s safety. 

Background and Purpose 

RPM Racing Enterprises is sponsoring 

the APBA National Tour, which is held 

in Parker, Arizona. This temporary 

safety zone is necessary to provide for 

the safety of the participants, crew, 

spectators, sponsor vessels, and other 

users and vessels of the waterway. This 

event involves powerboats racing along 

a circular course. The size of the boats 

vary from ten to 16 feet in length. 

Approximately 150 boats will be 

participating in this event. The sponsor 

will provide two patrol and rescue boats 

and two river closure boats. 

Discussion of Rule 

The Coast Guard is establishing a 

safety zone that will be enforced from 6 

a.m. to 6 p.m. on April 30, 2010 through 

May 2, 2010. This safety zone is 

necessary to provide for the safety of the 

crews, spectators, participants, and 

other vessels and users of the waterway. 

Persons and vessels will be prohibited 

from entering into, transiting through, or 

anchoring with this safety zone unless 

authorized by the Captain of the Port, or 

his designated representative. The limits 

of this temporary safety zone are the 

portion of the Colorado River from 

Headgate Dam to 0.5 miles north of Blue 

Water Marina, Parker, Arizona. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

We expect the economic impact of 

this proposed rule to be so minimal that 

a full Regulatory Evaluation is 

unnecessary. This determination is 

based on the size and location of the 

safety zone. The safety zone 

encompasses only a small section of the 

river, and will only be enforced during 

the hours of 6 a.m. through 6 p.m. 

during the effective period of the safety 

zone. Commercial vessels will not be 


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22698 Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Rules and Regulations 

hindered by the safety zone. 

Recreational vessels will not be allowed 

to transit through the established safety 

zone during the specified times unless 

authorized to do so from the Captain of 

the Port or his designated 

representative. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. 

This rule will affect the following 

entities, some of which might be small 

entities: The owners or operators of 

vessels intending to transit or anchor in 

a portion of the Colorado River from 6 

a.m. to 6 p.m. on April 30, 2010 through 

May 2, 2010. 

This safety zone would not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons. Although the 

safety zone would apply to the entire 

width of the river, traffic would be 

allowed to pass through the zone with 

the permission of the Coast Guard patrol 

commander. Furthermore, traffic can 

pass through the zone during periods 

when the Coast Guard is not enforcing 

the safety zone. Before the effective 

period, the Coast Guard will publish a 

local notice to mariners (LNM). 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offer to assist small entities in 

understanding the rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 

1–888–REG–FAIR (1–888–734–3247). 

The Coast Guard will not retaliate 

against small entities that question or 

complain about this rule or any policy 

or action of the Coast Guard. 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this rule will not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule will not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 5100.1 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves the establishment of a safety 

zone. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Rules and Regulations 22699 

An environmental analysis checklist 

and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add a new temporary zone 

§ 165.T11–295 to read as follows: 

§ 165.T11–295 Safety zone; APBA National 

Tour; Parker, AZ. 

(a) Location. The limits of this 

temporary safety zone are the portion of 

the Colorado River from Headgate Dam 

to 0.5 miles north of the Bluewater 

Marine in Parker, Arizona. 

(b) Enforcement Period. This section 

will be enforced from 6 a.m. to 6 p.m. 

on April 30, 2010 through May 2, 2010. 

If the event concludes prior to the 

scheduled termination time, the Captain 

of the Port will cease enforcement of 

this safety zone and will announce that 

fact via Broadcast Notice to Mariners. 

(c) Definitions. The following 

definition applies to this section: 

designated representative, means any 

commissioned, warrant, and petty 

officers of the Coast Guard on board 

Coast Guard, Coast Guard Auxiliary, 

and local, state, and Federal law 

enforcement vessels who have been 

authorized to act on the behalf of the 

Captain of the Port. 

(d) Regulations. (1) Entry into, transit 

through or anchoring within this safety 

zone is prohibited unless authorized by 

the Captain of the Port of San Diego or 

his designated on-scene representative. 

(2) Mariners requesting permission to 

transit through the safety zone may 

request authorization to do so from the 

Patrol Commander. The Patrol 

Commander may be contacted on VHF– 

FM Channel 83. 

(3) All persons and vessels shall 

comply with the instructions of the 

Coast Guard Captain of the Port or the 

designated representative. 

(4) Upon being hailed by U.S. Coast 

Guard patrol personnel by siren, radio, 

flashing light, or other means, the 

operator of a vessel shall proceed as 

directed. 

(5) The Coast Guard may be assisted 

by other Federal, state, or local agencies. 

Dated: April 14, 2010. 

T.H. Farris, 

Captain, U.S. Coast Guard, Captain of the 

Port San Diego. 

[FR Doc. 2010–10207 Filed 4–29–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 98 

[EPA–HQ–OAR–2008–0508; FRL–9143–5] 

RIN 2060–AQ15 

Mandatory Reporting of Greenhouse 

Gases: Minor Harmonizing Changes to 

the General Provisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: Because EPA received 

comments which could be construed as 

adverse, we are withdrawing the direct 

final rule to amend the general 

provisions for the Mandatory 

Greenhouse Gas (GHG) Reporting Rule, 

published on March 16, 2010. 

DATES: Effective April 30, 2010, EPA 

withdraws the direct final rule 

published at 75 FR 12451 on March 16, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Carole Cook, Climate Change Division, 

Office of Atmospheric Programs 

(MC–6207J), Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone 

number: (202) 343–9263; fax number: 

(202) 343–2342; e-mail address: 

GHGReportingRule@epa.gov. 

SUPPLEMENTARY INFORMATION: On March 

16, 2010, we published a direct final 

rule (75 FR 12451) and a parallel 

proposal (75 FR 12489) amending the 

general provisions for the GHG 

Reporting Rule. These amendments 

were issued as a direct final rule, along 

with a parallel proposal to be used as 

the basis for final action in the event 

EPA received any adverse comments on 

the direct final amendments. Because 

EPA received comments which could be 

construed as adverse, we are 

withdrawing the direct final rule to 

amend the general provisions for the 

Mandatory GHG Reporting Rule, 

published on March 16, 2010. We stated 

in that direct final rule that if we 

received adverse comment by April 15, 

2010, the direct final rule would not 

take effect and we would publish a 

timely withdrawal in the Federal 

Register. We subsequently received 

comments that could be construed as 

adverse on that direct final rule. We will 

address those comments in a subsequent 

final action based on the parallel 

proposal published on March 16, 2010 

(75 FR 12489). As stated in the direct 

final rule and the parallel proposed rule, 

we will not institute a second comment 

period on this action. 

List of Subjects in 40 CFR Part 98 

Environmental protection, 

Administrative practice and procedure, 

Greenhouse gases, Suppliers, Reporting 

and recordkeeping requirements. 

Dated: April 23, 2010. 

Gina McCarthy, 

Assistant Administrator for Office of Air and 

Radiation. 

■ Accordingly, the amendments to the 

rule published in the Federal Register 

on March 16, 2010 (75 FR 12451) are 

withdrawn as of April 30, 2010. 

[FR Doc. 2010–10147 Filed 4–29–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2010–0003] 

Final Flood Elevation Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: Base (1% annual-chance) 

Flood Elevations (BFEs) and modified 

BFEs are made final for the 

communities listed below. The BFEs 

and modified BFEs are the basis for the 

floodplain management measures that 

each community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

remain qualified for participation in the 

National Flood Insurance Program 

(NFIP). 

DATES: The date of issuance of the Flood 

Insurance Rate Map (FIRM) showing 

BFEs and modified BFEs for each 

community. This date may be obtained 

by contacting the office where the maps 

are available for inspection as indicated 

in the table below. 

ADDRESSES: The final BFEs for each 

community are available for inspection 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1